Fuller v Avichem Pty Ltd t/as Adkins Building & Hardware [2019] NSWCA 305 (13 December 2019) (Macfarlan JA at [1]; Payne JA at [76]; White JA at [107])


Catchwords:


NEGLIGENCE – damages – residual earning capacity – plaintiff injured in course of employment – plaintiff completely incapacitated for work from date of injury until conclusion of hearing – whether plaintiff has residual earning capacity of eight hours per week – vicissitudes – whether case warranted greater than usual discount for vicissitudes of 15 per cent

EVIDENCE – opinion evidence – expert opinion of clinical psychologist concerning residual earning capacity of plaintiff – whether clinical psychologist was sufficiently qualified to give expert evidence